Fenway Community Health has claimed Federal protection and immunity from litigation for the misdiagnosis and injury caused to the de-transitioner July Carlan, known as “Shape-Shifter.” The Federal Tort Claims Act (FTCA) provides nationwide malpractice insurance for qualified health centers. Health center employees are considered government employees, and any malpractice lawsuit must be filed against the United States government.

The protection for healthcare providers is intended to allow them to treat patients without fear that a mistake will lead to devastating financial consequences. The implications of providing this blanket protection for clinics that offer gender-affirming care is a major concern for those seeking care for mental health issues. Not all clinics that provide gender-affirming care are FTCA-protected, but many of them offer low-cost services to patients.

The complaint filed on behalf of “Shape-Shifter” makes a compelling case of not only alleged negligence but a profiteering scheme on the backs of vulnerable patients seeking help. The lawsuit alleges that Fenway Health “willfully abandoned established, evidence-based, generally accepted clinical guidelines in providing transgender health care as a matter of policy, and in treatment of Plaintiff.”

The lawsuit further states that abandoning the clinical guidelines for care has no scientific justification and instead is driven by “market forces” to “increase the number of transgender patients.”

The actual diagnosis for the patient is “internalized homophobia” rather than the diagnosis of “gender dysphoria.” Internalized homophobia is self-loathing that comes as a result of societal and familial shame for being attracted to the same sex. The suit states that Fenway Health knowingly abandoned clinical guidelines and gatekeeping standards that are intended to protect the patient from harm. That is also synonymous with the Hippocratic oath doctors take to “do no harm.” The alleged intention to abandon these clinical standards caused a failure to uncover the true diagnosis of internalized homophobia.

Shape-Shifter exhibited several psychological conditions, including “depression, anxiety, compulsiveness, high-risk sexual behavior, emotional volatility, and unstable identity.” While these symptoms were listed in his medical records, the potential diagnosis of internalized homophobia was never considered. The lawsuit further alleges, “Defendant de facto converted a gay man to transgender because it viewed all psychological ailments through the transgender lens and failed to make a differential diagnosis.”

The lawyers for the plaintiff were aware that Fenway Health has federal protections under the FTCA but brought this suit under the nondiscrimination clause of the Affordable Care Act. It states that an individual shall not be excluded from or denied benefits if the health program receives federal funding. The plaintiff’s lawyers determined that Fenway Health excluded Shape-Shifter from proper clinical practice, diagnosis, and necessary gatekeeping.

Despite this, the defense has pointed to Hui v. Castaneda (2010) that stated “section 233’s immunity is ‘absolute’ and ‘bar[s] all actions against’ that arise from ‘the performance of medical or related functions.'” The motion to dismiss alludes to Fenway Health’s protections from liability in malpractice litigation started in 2010. This is when the Affordable Care Act “expanded eligibility for FSHCAA liability protections to employees, officers, board members and contractors of qualifying free clinics.”

In other places around the country, clinics that offer gender-affirming care are being priced out of the market due to higher medical malpractice insurance premiums. Insurance companies have refined measures for measuring risk as it is the only way to make money and stay competitive in the market reliably. When insurance companies start to deny medical malpractice insurance to health clinics or give extremely high quotes, that is a reliable indicator of the risk associated with these procedures.

While the alleged malpractice in the case of Shape-Shifter involved an adult male, there is an increased concern about the harm being caused to children who are misdiagnosed and provided harmful, unnecessary treatment. A long-term study published in 2021 found that 87.8% of pre-adolescent boys with gender dysphoria desisted by the time they reached an average age of 20.58 years old. This data indicates that the vast majority of people with gender dysphoria will grow out of it when they reach adulthood.

Health clinics that capitalize on high-dollar treatments should be accountable. The main way to hold them to account is the ability to litigate in court if misdiagnosis and harm is done to the patient. Many clinics are struggling to find affordable malpractice insurance that covers these treatments. However, many clinics have still been granted immunity from litigation by the United States government. Some of these clinics include Fenway Health, Callen-Lorde, Los Angeles LGBT Center, Crescent Care, Shawnee Health, and Santa Rosa Community Health. Anyone obtaining healthcare from these institutions will have to face the United States government in court in order to hold clinics responsible for negligent diagnoses and treatments.

 

Steven Middendorp

Steven Middendorp is an investigative journalist, musician, and teacher. He has been a freelance writer and journalist for over 20 years. More recently, he has focused on issues dealing with corruption and negligence in the judicial system. He is a homesteading hobby farmer who encourages people to grow their own food, eat locally, and care for the land that provides sustenance to the community.

Other Headlines

Coronavirus

Former Gov. Andrew Cuomo Referred to DOJ for Alleged Lies to Congress on COVID Nursing Home Policy

The Select Subcommittee on the Coronavirus Pandemic has referred former New York Governor Andrew Cuomo to the DOJ (Department of Justice) for criminal prosecution. The committee’s X page said, “Evidence suggests Andrew Cuomo knowingly and willfully made materially false statements about New York’s COVID-19 nursing home disaster and the ensuing cover-up.” The letter signed byContinue reading Former Gov. Andrew Cuomo Referred to DOJ for Alleged Lies to Congress on COVID Nursing Home Policy

More news about Coronavirus

Health & Nutrition

Trump Names RFK Jr. HHS Secretary In New Administration

President Donald J. Trump selected Robert F. Kennedy Jr. to be the Secretary of Health and Human Services (HHS), which includes oversight of the FDA, CDC, and NIH among other important federal health agencies. There have been mixed reactions following the announcement, which follows Trump and Kennedy’s campaign promise to make America healthy again. PresidentContinue reading Trump Names RFK Jr. HHS Secretary In New Administration

More news about Health & Nutrition

Vaccines

COVID-19 Vaccine Marketing Campaign Not Supported By Scientific Evidence, House Report Reveals

A 113-page House report was released last week regarding the Department of Health and Human Services’ (HHS) response to the COVID-19 pandemic. Specifically, the House Committee on Energy and Commerce’s Subcommittee on Oversight and Investigations evaluated the “effectiveness and scientific accuracy of the “We Can Do This” COVID-19 vaccine promotional campaign that ran from AugustContinue reading COVID-19 Vaccine Marketing Campaign Not Supported By Scientific Evidence, House Report Reveals

More news about Vaccines

Science & Tech

Nearly Three-Quarters of Immunologist Peer Reviewers Receive Payments From Industry

Most peer reviewers receive research funds and other payments from the industry, according to new research published in The Journal of the American Medical Association (JAMA). The peer review process has long been considered necessary to ensure the study is trustworthy and replicable. The latest publication provides data on financial incentives for peer reviewers in theContinue reading Nearly Three-Quarters of Immunologist Peer Reviewers Receive Payments From Industry

More news about Science & Tech

Environment

USDA Approves Deregulation of GMOs with Up to 12 Genetic Modifications

The USDA’s Animal and Plant Health Inspection Service (APHIS) has now deregulated certain GMO crops, allowing plants with up to 12 genetic modifications to bypass regulatory oversight if these modifications could theoretically be achieved through conventional breeding methods. APHIS published the final notice on Wednesday, noting that it received 6,500 comments regarding the proposal. TheContinue reading USDA Approves Deregulation of GMOs with Up to 12 Genetic Modifications

More news about Environment

Policy

Department of Government Efficiency Looks to Cut Wasteful Federal Spending With “Historic Opportunity”

President-elect Donald Trump announced the creation of the Department of Government Efficiency (DOGE) which Elon Musk and Vivek Ramaswamy will lead. The goal of this department is to reduce wasteful government spending and simplify the language of regulations. Musk has promised transparency and weekly updates regarding any proposed cuts to government spending. Senator Rand Paul,Continue reading Department of Government Efficiency Looks to Cut Wasteful Federal Spending With “Historic Opportunity”

More news about Policy